WHAT SIN IS CONSIDERED ONE THAT HAS A "MA'ASEH," AND
WHAT SIN IS CONSIDERED ONE THAT DOES NOT HAVE A "MA'ASEH," WITH REGARD TO THE CHIYUV TO BRING A CHATAS OR TO RECEIVE MALKUS?

(A) RABANAN

(B) REBBI AKIVA

1)

BURNING INCENSE (MEKATER, to a Shed or Chaver)

Chayav(1)

Chayav

2)

BOWING (to Avodah Zarah)

R. Yochanan: Chayav Reish Lakish: Patur

Chayav

3)

FLAPPING ONE'S ARMS (in order to perform Kishuf with Ov)

R. Yochanan: Chayav(2) Reish Lakish: Patur

Chayav

4a)

MOVING ONE'S LIPS (such as to stop an animal from eating, or to make a Temurah)

R. Yochanan: Chayav(3) Reish Lakish: Patur

Chayav

4b)

MOVING ONE'S LIPS (such as Megadef and Edim Zomemim)

Patur(4)

Chayav(5)

5)

KISHUF WITHOUT ANY ACT (through Yid'oni)(6)

Patur

R. Yochanan: Chayav Reish Lakish: Patur

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FOOTNOTES:
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(1) "Mekater l'Chaver" is the "Ov" of the Mishnah in Kerisus (2a), for which
the Rabanan maintain that one is Chayav, according to *Reish Lakish*.
(2) "Hakashas Zero'osav" is the "Ov" of the Mishnah in Kerisus (2a), for
which the Rabanan maintain that one is Chayav, according to *Rebbi
Yochanan*.
(3) According to TOSFOS (65b, DH Ho'il), "Akimas Sefasav" is not considered
a Ma'aseh according to Rebbi Yochanan, except when an action is achieved by
the person's speech, such as is the case when stopping an animal from eating
while threshing, where one causes the animal to lift its head by yelling at
it, or Temurah, where one causes an animal to become sanctified through his
speech. (Similarly, in the case of Edim Zomemim, the witnesses' speech
achieves an action -- the sentencing of the defendant. However, the fact
that a witness is "Yeshno b'Re'iyah" annuls the Ma'aseh.) According to
RASHI, Rebbi Yochanan considers all speech to be a Ma'aseh, even when no
actual Ma'aseh is achieved through the speech.
(4) In these cases, Rebbi Yochanan agrees that speaking is not considered a
Ma'aseh, and they are Patur. Edim Zomemim are Patur because "Yeshno
b'Re'iyah" (some texts have the Girsa, "Yeshno b'Ayah," and others have the
Girsa, "Yeshno b'Im"), and Megadef is Patur because his speech is not
considered a Ma'aseh since the sin is "Yeshno b'Lev." (This is according to
the Girsa of Rashi. According to Tosfos (DH Ho'il), a Megadef is Patur
without this reason, since his speech does not achieve any Ma'aseh, as
mentioned in the previous footnote.)
(5) Rebbi Akiva is Mechayev a Megadef (Mishnah, Kerisus 2a).
(6) Rashi (DH Reish Lakish) explains that in the case of a Yid'oni, after he
places the bone into his mouth, he does no other Ma'aseh. The bone begins to
speak on its own (as Rashi writes on the Mishnah).
(7) According to Reish Lakish, Rebbi Akiva agrees that a Ma'aseh is
necessary in order to be Mechayev a Korban. However, he holds that it
suffices to have a "small Ma'aseh." According to Rebbi Yochanan, Rebbi Akiva
does not require even a "small Ma'aseh," but rather even without any
Ma'aseh, he is Chayav.